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  1. #1
    Join Date
    Jul 2019
    Posts
    1

    Default When is Workmans Comp, Job Abandonment

    My question involves workers compensation law for the state of: Wisconsin and Florida

    I am a site manager for a location in Wisconsin, but our corporate office is in Florida. I had an employee injured with a sprain over a month ago and has been out since the injury. He told me that he had a follow up appoint for this week but then failed to call in to update me on how he was healing or his current work restrictions. I have tried calling a couple of times now to no answer and no reply.

    Because of his work restrictions and that all of our positions are very physical he has been off work since the injury. As a result he has not had any scheduled days and will not receive any until he has a doctors release stating that he can perform some of the job functions. This means he has not “no call/no showed” for any shift.

    At what point does his lack of communication become job abandonment?

    Thank you

  2. #2
    Join Date
    Oct 2016
    Posts
    2,886

    Default Re: When is Workmans Comp, Job Abandonment

    You and/or your workers' comp carrier should be getting updates every time he sees the doctor. That update should include work restrictions and next Dr visit or return to work date.

    What did the last Dr. note you saw say about anything especially dates?

    You or your HR/Safety department may need to contact the carrier to see what they have. Or the Dr. for that matter.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,300

    Default Re: When is Workmans Comp, Job Abandonment

    That's a decision that probably should not be made without consultation with your in-house attorney (assuming you have one).

  4. #4
    Join Date
    Sep 2011
    Posts
    465

    Default Re: When is Workmans Comp, Job Abandonment

    if the employment is covered by FMLA, then there are some additional job protections that need to be observed. you should document your activities to contact the employee. you might include your contact with the comp carrier as they may have recent disability information on file. and document any contact the physicians office. you can also send written notice to the last known address. traveling or leaving home is not prohibited by workers compensation.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,113

    Default Re: When is Workmans Comp, Job Abandonment

    do you have a corporate HR contact in Florida? It wouldn't surprise me if it was their job to handle WC claims and absences. I'd try to get an update from them.

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